Mandatory Use of E-Verify Postponed
As noted in an email alert to the Coalition for Government Procurement members, mandatory implementation of the E-Verify use by Government contractors has been postponed to February 20, 2009. The Coalition has kindly authorized us to republish the text of its alert as a courtesy to our subscribers.
Members:
I wanted to share this announcement on E-Verify from the U.S. Chamber of Commerce:
The new E-Verify requirement was scheduled to become effective on January 15, 2009; however, there was a successful legal challenge spearheaded by the Chamber of Commerce to suspend application of the rule until a final decision is obtained from the U.S. District Court. Their leading legal argument is that the Administration exceeded its authority by attempting to use the procurement process to mandate a program that Congress explicitly made voluntary. (See Chamber of Commerce of the United States of America, et al. v. Michael Chertoff, et al., Civil Action No. AW-08-3444 (D. Md.).) Allowing the use of the procurement process in this manner would set a hazardous precedent expanding way beyond the immigration law arena.
Yesterday, the Chamber reached an accord where the government agreed to suspend applicability of the rule until February 20, 2009. Thus, solicitations that occur prior to February 20, 2009, would not contain the contract clauses that the rule would impose. An announcement of the suspension should appear in the Federal Register early next week. In the interim, the Chamber of Commerce will file a Motion for Summary Judgment.
The original E-Verify final rule is attached. Please let me know if you have any questions.
Regards,
Barbara
Barbara F. Merola
Director of Policy
The Coalition for Government Procurement
1990 M Street, NW
Suite 450
Washington, DC 20036
202.331.0975 office
202.431.1726 cell
202.822.9788 fax
http://www.thecgp.org/
Authored by:
Louis D. Victorino
(202) 218-0038
lvictorino@sheppardmullin.com
